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Leifheit Aktiengesellschaft’s terms of use for the Soehnle Connect platform and Soehnle Connect app

Leifheit Aktiengesellschaft, Leifheitstraße, 56377 Naussau (Lahn) (“Leifheit” or “we”) are delighted that you have expressed an interest in the Soehnle Connect app and the Soehnle Connect platform (referred to hereinafter jointly as: Soehnle Connect product range).

In order to design the Soehnle Connect product range to be as convenient and transparent as possible, we have compiled the regulations that are legally binding upon you and us in these terms of use (user contract).

Please read the terms of use carefully; we only offer use of the Soehnle Connect product range in accordance with these terms of use and do not accept any opposing terms.

As a purchaser or user of a Soehnle Connect product, we offer you the opportunity to use our Soehnle Connect app and also to set up a user account on our Soehnle Connect platform.

We would point out that use of our Soehnle Connect product range takes place on the basis that we are allowed to use your personal data. We require your explicit CONSENT to do this. You can withdraw this consent at any time. Withdrawing your consent will not affect the lawfulness of use that has been made of this information on the basis of the consent up until the point at which consent was withdrawn.

Further details on data protection and particular types of personal data that are found to be highly sensitive during use can be found in our data protection information at https://www.soehnle.de/impressum/datenschutz-connect/.

 

II. Minimum age requirement

Our Soehnle Connect products are only permitted to be used by people aged 16 years or above. Each person only needs to register on the Soehnle Connect platform once. Use of our Soehnle Connect product range by people under the age of 16 takes places against our will, without our agreement and without our knowledge.

 

III. How can our product range be used?

The scope of possible uses for our Soehnle Connect product range depends, in particular, on whether you choose to use our product range with or without a user account. This is entirely up to you.

We offer all our users the opportunity to set up a user account on our Soehnle Connect platform. You can, however, use our Soehnle Connect app without registering a user account; this may result in a limited spectrum of uses, details of which will be given below.

In any case, personal data has to be collected and processed during installation of the app. Details can be found in our data protection information at

https://www.soehne.de/impressum/datenschutz-connect/.

We try to provide registered users with access to the Soehnle Connect platform for their own personal use and also endeavour to ensure that the Soehnle Connect data recorded and presented in the user account are up to date, complete and correct.

 

1. Use of the Soehnle Connect app without a user account

You can use the Soehnle Connect app without a user account; in this case, your data is not sent to our server or to servers belonging to third-party companies commissioned by us. This does, however, mean that analysis of the data is then limited.

In order to use the app on your device (mobile telephone, smartphone), you will be obliged to provide certain mandatory information while setting up the app, including:

You also have the option of uploading a photo. Since we cannot access your photo or data if you have not registered, we will not use these.

Should you decide to delete the app, your data will be deleted from your mobile telephone/smartphone in full, depending on your operating system. If you were then to reinstall the Soehnle Connect app, under certain circumstances the data would no longer be able to be used.

However, some operating systems are set up in such a way that user data is still stored on the local device. We have no power over these settings, and you will therefore have to contact the manufacturer of your operating system to find out how to manually delete this data.

 

2. Use of the Soehnle Connect app with a registered user account

If you decide to create a user account on our Soehnle Connect platform, the following further regulations and instructions shall apply.

Once you have created a user account on our Soehnle Connect Platform and synchronized your data, your personal data will no longer be saved exclusively on your (mobile telephone) device, but will also be stored on a server via the Internet.

 

a. How does the Soehnle Connect platform work?

By using a user account, you allow us to access your personal data, so that you can make full use of our Soehnle Connect product range and evaluate your data.

You also have the option of uploading a photo when registering.

Mandatory information: In order to be able to use the Soehnle Connect platform, you will need to provide the data designated as mandatory information in the electronic registration form when completing your registration. This includes your own choice of user name, a password chosen by you, and your e-mail address. You are not required to give your full name here either. We would advise you to choose a secure, complex password.

To allow us to analyse your data properly, you will need to input your date of birth, height and current weight, as well as your gender, when setting up a user account.

Your Soehnle Connect data will be sent to the server(s) by your Soehnle Connect product in an encrypted manner each time synchronization takes place via the app.

This data is stored so that you can enjoy the full benefits of our Soehnle Connect product range. The data is also connected, i.e. linked, to your user account. When the transmission function is activated, the data measured or calculated by the Soehnle Connect product in question are sent to the associated user account on the Soehnle Connect platform in an encrypted manner via the Soehnle Connect app.

We reserve the right to reject registrations on the Soehnle Connect platform without stating our reasons.

 

b. What can you do on the Soehnle Connect platform?

As a registered user, you can send data that has been recorded using a Soehnle Connect product (e.g. for fitness trackers the number of steps, distance, sleep phases and hea

Your Soehnle Connect data will be sent to the server(s) by your Soehnle Connect product in an encrypted manner each time synchronization takes place via the app.

This data is stored so that you can enjoy the full benefits of our Soehnle Connect product range. The data is also connected, i.e. linked, to your user account. When the transmission function is activated, the data measured or calculated by the Soehnle Connect product in question are sent to the associated user account on the Soehnle Connect platform in an encrypted manner via the Soehnle Connect app.

rt rate and for scales body weight and, in the case of body analysis scales, specific analytical values, referred to jointly as “Soehnle Connect data”) to the Soehnle Connect platform via an Internet connection and can access the Soehnle Connect data that have been sent in this way on the platform directly or via the Soehnle Connect app using your user account.

 

As a registered user, the Soehnle Connect platform gives you the opportunity, in particular,

More details on this function and any additional functions of the Soehnle Connect platform can be found in the help section of the Soehnle Connect platform.

Please note that the Soehnle Connect product range is for your personal use only. The accuracy of the data recorded using your Soehnle Connect products cannot be compared with that of medical devices or scientific measuring instruments and is not intended to be used for such purposes. Our Soehnle Connect product range is therefore not suitable for diagnosing, monitoring or treating illnesses. We do not consent to our products being used in this way. Please consult a doctor for any medical issues.

Our products are not permitted to be used for professional or medical purposes.

 

c. What will happen to my personal data?

In order to use the Soehnle Connect platform, we will need to collect and process certain personal data belonging to you, particularly

This also includes “specific types of personal data” that are particularly sensitive and in need of protection: your body weight, for example, provides information about your health. We only use the personal data stored on the Soehnle Connect platform for the purposes of providing the Soehnle Connect platform, in compliance with the data protection regulations; this information will not be forwarded to third parties. Details on the collection, processing and use of personal data can be found in our data protection information, which forms part of these terms of use.

 

d. How do I cancel my registration on the Soehnle Connect platform?

You can cancel your participation in the Soehnle Connect platform at any time and without giving any reason by deleting your user account. Deleting your user account will mean that the Soehnle Connect data saved to your user account will also be deleted; please ensure that you save your Soehnle Connect data in another location before deleting your user account.

We also reserve the right to cancel your participation in the Soehnle Connect platform at any time. We shall only do this for good cause (e.g. in the event of a breach of these terms of use or our data protection guidelines or statutory provisions) or by giving three months’ notice to the end of the month. We will inform you of this termination by e-mail or using the other contact details supplied by you.

 

IV. Other information regarding use of the Soehnle Connect product range

In order to ensure that use of the Soehnle Connect product range remains a pleasant experience for us and all its users, we expect every user to comply with these terms of use and the statutory provisions.

We would also ask you to refrain from allowing any third parties to use the Soehnle Connect platform via your user account; we do not accept any liability for damage arising from unauthorized use of your user account by third parties. For this reason, it is important to treat your registration details for the Soehnle Connect platform as confidential.

Please also refrain from any actions that could result in the malfunction of the Soehnle Connect product range and, in particular, any interference with the safety precautions taken by us.

You shall not be permitted to use our Soehnle Connect product range with any products that are not manufactured, distributed or sold by us or on our behalf (e.g. imitations or counterfeits) or to connect to our Soehnle Connect products using applications or otherwise without our permission. Failure to comply with these rules may lead to immediate exclusion from our Soehnle Connect platform.

In order to ensure that the Soehnle Connect data are also available outside of the Soehnle Connect platform (for example in the event of unintentional loss of data), we recommend that you do not use the Soehnle Connect platform as the sole method of storing your data and that, where appropriate, you create and keep a backup copy of your data outside of the Soehnle Connect platform, for example using CSV Export.

Where you use photos, texts or other copyright-protected content in the Soehnle Connect app or on the Soehnle Connect platform, you will remain the proprietor of these rights. However, you shall hereby grant to us, free of charge, a non-exclusive, globally valid, sublicensable, but non-transferrable licence to photocopy, display in public and to revise this content under this contractual relationship. You also guarantee that you are entitled to possess this content in the context of the abovementioned rights.

Under this contractual relationship, we shall grant you a right to use our Soehnle Connect product range, this right being non‑exclusive, spatially unlimited, restricted in time to the contractual relationship, non‑transferrable and non‑sublicensable. The licence shall be exclusively for your own personal use and shall not constitute a commercial use.

You shall not be permitted to use, copy, adapt or modify, prepare derivative works, distribute, license, sell, transfer to third parties, publicly display or present, forward, broadcast, or otherwise utilize the Soehnle Connect platform or the Soehnle Connect app or parts thereof without our explicit consent.

We allow you to link your Soehnle Connect account and your Soehnle Connect data with apps and tools offered by third‑party providers. Although we provide you with this opportunity, please note that any products from third‑party suppliers that you use in connection with our Soehnle Connect product range shall not constitute part of our services. Please also note that our terms of use and our data protection guidelines do not apply to products offered by third‑party suppliers. You shall be responsible for any connection to or use of products offered by third‑party suppliers. In these cases, the data protection guidelines and terms of use of the third‑party suppliers shall apply.

 

V. Can the Soehnle Connect product ranges or terms of use be changed?

Yes, this is entirely possible, given that the Soehnle Connect product ranges and terms of use will also have to be adapted to new requirements. We therefore reserve the right to amend the content of the Soehnle Connect product ranges at short notice.

We also reserve the right to amend these terms of use (including, where appropriate, additional terms that have been published on the Soehnle Connect platform). We will inform you of these amendments either by direct notification (by e‑mail, for example), on the Soehnle Connect platform and/or within the Soehnle Connect app.

Changes to the terms of use shall be deemed to have been accepted if you continue to use the Soehnle Connect product ranges after a month has passed following the entry into force of the new terms of use or if you fail to cancel your participation within two months of the entry into force of the new terms of use.

Finally, we reserve the right to cease the Soehnle Connect product ranges altogether. You would be notified of this by e-mail or by one of the methods specified in your contact details with a reasonable period of notice to allow you to store the saved Soehnle Connect data in another location before the product ranges are discontinued.

 

VI. What else should I know?

We shall be liable – on any legal grounds whatsoever – only in the event of wilful acts or gross negligence of a legal representative of an executive employee or other vicarious agent. We shall also be liable, on its merits, for any culpable violation of an essential contractual obligation (with the term essential contractual obligation relating, in an abstract manner, to an obligation whose fulfilment enables the agreement to be implemented properly in the first place and on whose compliance the other party may normally trust), in the event of delay or impossibility, with the liability according to this sentence in the case of financial and material damage being limited to the level of loss that is typically foreseeable.

The limitations of liability set out above shall not apply in cases of mandatory legal liability, in particular in accordance with the German Product Liability Act, for the assumption of a guarantee and in the case of culpable violation of life, body and health.

Our products should not be used as a replacement for medical advice/a doctor’s consultation or medical treatment.

These terms of use are subject to the laws of the Federal Republic of Germany, excluding the UN sales law.

Should individual provisions of these terms of use be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. We shall work with you to find a regulation that comes as close as possible to the legal and economic sense of the invalid or ineffective provision, which would reasonably have been agreed by us if we had been aware of the invalidity or ineffectiveness of the regulation in question when these terms of use were concluded. The same shall apply in the event of lacunae and regulations requiring interpretation or supplementation.